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The Specifics of Use of Trusts in Business Relations
Žižka, Filip ; Černá, Stanislava (advisor) ; Josková, Lucie (referee)
The Specifics of Use of Trusts in Business Relations This thesis deals with possibilities brought by trusts (in Czech: svěřenský fond) to business relations. It analyses the key features of a trust, thanks to which it has a unique and often irreplaceable position in number of financial transactions. Selected financial transaction are described in detail and the importance of trusts in these transactions is explained. The main objective of this thesis is to show that trusts have benefits far beyond the governance of personal property and its intergenerational transfers. By this I want to prompt interest in further research of the use of trusts in business relations in the Czech legal environment. After the introduction, the first chapter of this thesis briefly introduces the history of the trust. It is outlined which role the trust played in different legal systems and what were the motives for its development. The second part describes trust as an institute of civil law. There is also described the implementation of the trust into the legal system of the Canadian province Québec, because this regulation served as a model for the Czech lawmakers. This chapter of the thesis also describes the subjects of the trust and the basic concepts related to this institute. The third part introduces the trust...
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The concept and the principle of the Trust
Bulušek, Petr ; Elischer, David (referee) ; Thöndel, Alexandr (referee)
The thesis explains the legal regulation of the trust in the context of its historical aspects, as well as the current legal regulation, and can be a basis for possible solutions of questions and problems arising in connection with the establishment and functioning of the trust in ordinary relations and life situations. A considerable part of the thesis from the first to the third chapter represents a detailed description of the historical context of the trust due to the fact that it is precisely this context that is essential for the right interpretation and understanding of the trust. Thus, taking into account the fact that the trust is in the legal order of the independent Czech Republic a new institution and it has not been understood and accepted by the majority public at first. The historical context may also be important in the point of solving problems of the application when the current local jurisdiction is not yet available. The main part of the thesis consists of its fourth chapter which provides a detailed analysis of the legal regulation of the trust contained in the Civil Code No. 89/2012 Coll. The chapter focuses to highlight the positive contribution of the trust in the Czech legal and social environment as well to refute some of the company's apprehensions about possible abuses of...
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Business Corporation v. Trust Fund from a Creditor's Point of View
Kolenský, Lukáš ; Josková, Lucie (advisor) ; Eichlerová, Kateřina (referee)
Business Corporation v. Trust Fund from a Creditor's Point of View Abstract This diploma thesis deals with the analysis of the legislation regulating the functioning of limited companies and trust funds, specifically the issues of importance for the position of their external and residual creditors. The main goal of the thesis is to compare the mentioned entities and to gradually answer the question, which of them is more attractive for the creditor's position, and under what conditions respectively. The thesis is composed of a relatively shorter general part and of a main special part, together internally subdivided into eight partial articles. Regarding the applied methods, the thesis mainly uses analysis and comparison of domestic legal rules; the case law, mostly domestic, is quoted in order to present concrete manifestations of general rules in real instances. Following the definition of the subject of the thesis in its introduction, the general part firstly defines and examines, to the extent necessary, the concept of limited company, trust fund and the person of a creditor. In addition thereto, the thesis provides an explanation of the consequences of defects in legal acts. Special part of the thesis firstly concentrates on the issues of importance to the creditors arising in connection to the...
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"Svěřenský fond" - institute of intergenerational wealth preservation and succession
Skuhrovec, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
"Svěřenský fond" - institute of intergenerational wealth preservation and succession Abstract Thesis named "Svěřenský fond - institute of intergenerational wealth preservation and succession" is dedicated to describe institution of "svěřenský fond" from the perspective of a potential alternative or addition to a more traditional institutions of inheritance law. The aim of the thesis is to describe primarily its use to a purpose of family wealth preservation and succession. In order to fulfill this goal, the first part of the thesis analyses how fiducie/trust of Quebec made its way into Czech legislation. Main matter being the consequences adoption of a patrimony by appropriation caused. Second part follows historical roots of fiduciary institutes. It finds a persistent need for very similar fiduciary, trust-like institutes throughout history. The goal stays the same, a desire of families to preserve their wealth. Historical analysis, using an evolutionist paradigm, finds similarities between trust, modern fiduciary institutes and "svěřenský fond" which simply cannot be unseen. Based on this findings a hypothesis of a common ancestor is construed. Third part describes a newly acquired construction of trust-like institute, which was unseen in Czech law until 2014. It focuses on a result of transplantation of...
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Taxation of trusts in the Czech Republic and its comparison with a taxation if "Treuhand" in Germany
Galuška, Pavel ; Novotný, Petr (advisor) ; Sejkora, Tomáš (referee)
My thesis addresses the fundamental issue and principles of trust taxation in the Czech Republic and it provides with its confrontation and comparison with a German equivalent, namely Treuhand. The purpose of this thesis is to describe and to compare the attitude of Czech and German legislation to the fundamental definitions of key terms within the taxation of Czech trust and German Treuhand respectively. Hereat I mainly focused on the issues of the subject of taxation, object of taxation and its assignment to the individual subject, tax base and also other key elements of taxation, when they were considered relevant. First of all to elaborate this thesis I analysed the current Czech and German legislation and treatises that are concerned with taxation of trusts in the Czech Republic and taxation of Treuhand in Germany and consequently made them a subject of a comparison. A content of the thesis composes of two main parts. In the first part there are both of the legal institutes introduced within the terms of civil law and their purpose. The second part deals with the essential elements of taxation within the context of compared legal institutes and specific taxes. The taxes that were chosen for comparison are personal income tax, corporate income tax, trade tax, real estate transfer tax, property...
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Tax aspects of trust fund
Veverková, Tereza ; Kohajda, Michael (advisor) ; Sejkora, Tomáš (referee)
The objective of this thesis is to place trust fund into the system of tax law and the analyse of this position from different angles. The main objective is to describe, how are trust funds and the persons connected with them, taxed. One of the aims of this thesis is to show trust funds within a broader context and therefore it describes the tax aspects of English common law trust as well. Common law trust can be considered as a role model for institute like the Czech trust fund. The thesis therefore consists of two parts - trust and trust fund. The first chapter describes historical development of trusts and illustrate how was this development influenced by then tax legislature. Also, this chapter explains some aspects of English law, with focus on difference between common law and equity. The grasp of the difference between these parallel systems is essential for the understanding of trust. The second chapter deals mainly with substantive aspects of trust. It strives to answer the question, what is trust and how can we definite it. It also shows, how the tax legislature defines trust and connected person for tax purposes. It is also briefly mentioned the duty of trust to register into newly established trust register. The third chapter deals with taxation of trust itself. Different types of trusts and...
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The concept and the principle of the Trust
Bulušek, Petr ; Elischer, David (referee) ; Thöndel, Alexandr (referee)
This thesis deal with the Trust, as it was introduced by the Act no. 89/2012 Coll., Civil Code with the effect from January 1, 2014. The thesis research the relevant provisions of the Act no. 89/2012 Coll. and represents an effort to a correct, contemporary, logical and systematic interpretation, which may not be obvious from the wording of the law at a first sight. The thesis is divided into eight chapters. The first, the second and the third chapters deal with the historical context of the Trust in a possible ultimate form because of that this is necessary for the right contemporary interpretation of the relevant statutory provisions. The fourth and the fifth chapters research the contemporary legislation of the Trust in terms of both substantive and procedural law. The sixth and the seventh chapters research the first important amendment to the Act no. 89/2012 Coll., which will become effective on January 1, 2018, which will implement the expected legislative framework for a public list of the Trust and which will implement the related reasonable and appropriate legislative changes. The last, eighth chapter deals with the contemporary international context of the Trust.
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Trust under Common Law versus the institute of "Svěřenský fond" under the new Czech Civil Code
Horn, Kryštof ; Šustek, Petr (referee) ; Elischer, David (referee)
The purpose of this thesis is to describe the functioning of trust in the common law jurisdictions and its expansion to the civil law countries. It also focuses on the brand new Czech institute "Svěřenský fond" (trust fund) introduced by the new Czech Civil Code and aims to analyse its nature in regard to its trust context. The thesis is composed of three chapters, each of them dealing with different set of "trust" issues. Chapter One is descriptive. It deals with the history of fiduciary relationships in the Roman, medieval, Austro-Hungarian and Czechoslovak law as well as the current statutory provisions governing administration of property of others and trust funds in the Czech Republic. It also addresses a number of current ambiguities that have arisen from the recent re-codification. The Second chapter is comparative. Part One includes introductory remarks concerning comparative law issues. Part Two describes the nature and functions of trust in the common law jurisdictions and explains the trust taxonomy. Parts Three and Four provide an outline of several mixed jurisdictions as well as civil law jurisdictions and maps their approach to trusts. Chapter Three is analytical. First part examines the theoretical discrepancies in the civil law and common law notions of property along with other...
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The legal nature of a trust (legal and comparative analysis)
Urban, Ondřej ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
59 ENGLISH ABSTRACT The purpose of this thesis is an interpretation of English trust law, including historical context and comparative application of the acquired knowledge on the Czech legal institute of "svěřenský fond". A critical assessment of the legal regulations governing "svěřenský fond" is followed by theoretical consideration of its legal nature. The work, except the introduction and conclusion, is divided into four main chapters, with the first chapter dealing with the historical roots of the trust. The reader will become familiar with the Roman fideicomissum, the English legal institute called "use" and its influence on the emergence of the law of equity. She will also learn how use turned into trust and what the economic reasons for such a change were. The second part defines the English trust, describes it and clarifies the three main conditions for its creation under applicable law - the three certainties. Further, it will explain who the settlor, trustee and beneficiary are, along with their rights and obligations. It also focuses on the three main types of trusts. Express trusts, created by an act of the settlor and the resulting and constructive trusts, which are created by decision of the courts. The third chapter concerns itself with the "svěřenský fond", as stipulated by the Czech Civil...
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Trust
Fojtů, Dominik ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
The submitted thesis deals with a new area of Czech law - (Czech) trust, incorporated into the Czech legal system by the new Civil Code. The thesis builds on the Czech legal literature, commentaries and articles, as well as on the available sources on trust of the Canadian province of Quebec, which was essential inspiration for the Czech law. It provides an insight into the everyday functioning of a trust and the complex legal relations among the persons involved. It also includes a short overview of the types of trusts which cannot be created or imposed in the Czech Republic but are known in common law countries. From the perspective of a proposed amendment, it further discusses the future of the (Czech) trust, above all, the issue of whether it should be subject to registration. Powered by TCPDF (www.tcpdf.org)
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